GREENE COUNTY PLANNING BD. v. FED. POWER COM'N

Nos. 500, 501, Dockets 76-4151, 76-4153.

559 F.2d 1227 (1976)

GREENE COUNTY PLANNING BOARD et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Power Authority of the State of New York and United Brotherhood of Electrical Workers Local 1249, Intervenors.

United States Court of Appeals, Second Circuit.

Decided December 8, 1976.

On Rehearing June 30, 1977.


Attorney(s) appearing for the Case

Robert J. Kafin, Glens Falls, N. Y., for petitioners, Greene County Planning Bd. and Town of Greenville.

Barry H. Garfinkel, New York City (Douglas M. Kraus, New York City, on the brief), for petitioners, Town of Durham, and others.

Robert J. Kafin, Glens Falls, N. Y., for petitioners Greene County Planning Bd. and Town of Greenville.

Barry H. Garfinkel, New York City, for petitioners Town of Durham, et al.

Philip R. Telleen, Washington, D. C. (Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Solicitor, McNeill Watkins, II, and David P. Boergers, Attys., Federal Power Commission, Washington, D. C., on the brief), for respondent.

Thomas F. Moore, Jr., New Rochelle, N. Y. (Scott B. Lilly, John C. Mason, Vincent J. Tobin and Arthur J. Kalita, Attys., New York City, on the brief), for intervenor, Power Authority of the State of New York.

Jules L. Smith, Syracuse, N. Y. (Blitman & King, Bernard T. King, Syracuse, N. Y., on the brief), for intervenor, International Brotherhood of Electrical Workers Local Union 1249.

Ronald A. Zumbrun, Robert K. Best, Raymond M. Momboisse, Sacramento, Cal. (Albert Ferri, Jr., Glenn E. Davis, Lawrence P. Jones, Washington, D. C., of counsel), for amicus curiae Pacific Legal Foundation.

Before LUMBARD and VAN GRAAFEILAND, Circuit Judges, and BONSAL, District Judge.


On Rehearing En Banc June 30, 1977.

LUMBARD, Circuit Judge:

These petitions for review under 16 U.S.C. § 825(b) of orders of the Federal Power Commission authorizing construction of an electrical transmission line by the Power Authority of the State of New York and declining to award attorneys' fees and other litigation expenses to various intervenors provide the fourth occasion for this court to review aspects of PASNY's efforts to construct a 35 mile...

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